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MARILYN C.Y. v. MARK N.Y.

64 A.D.3d 645 (2009)

883 N.Y.S.2d 710

MARILYN C.Y., Appellant, v. MARK N.Y. et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 14, 2009.

Ordered that the appeal is dismissed, with costs.

The appeal must be dismissed because it concerns an evidentiary ruling which, even when "made in advance of trial on motion papers . . . is neither appealable as of right nor by permission" (Cotgreave v Public Adm'r of Imperial County [Cal.], 91 A.D.2d 600, 601 [1982]; see Barnes v Paulin, 52 A.D.3d 754

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